[Federal Register Volume 72, Number 178 (Friday, September 14, 2007)]
[Rules and Regulations]
[Pages 52492-52493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4563]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070213033-7033-01]
RIN 0648-XC57


Fisheries of the Exclusive Economic Zone Off Alaska; Atka 
Mackerel in the Bering Sea and Aleutian Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closures and openings.

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SUMMARY: NMFS is announcing the opening and closing dates of the first 
and second directed fisheries within the harvest limit area (HLA) in 
Statistical Areas 542 and 543. This action is necessary to conduct 
directed fishing in the HLA in areas 542 and 543 and to prevent 
exceeding the HLA limits established for area 542 and area 543 pursuant 
to the 2007 Atka mackerel total allowable catch.

DATES: The effective dates are provided in Table 1 under the 
SUPPLEMENTARY INFORMATION section of this temporary action.

FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI exclusive economic zone according to the Fishery Management Plan 
for Groundfish of the Bering Sea and Aleutian Islands Management Area 
(FMP) prepared by the North Pacific Fishery Management Council under 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act. Regulations governing fishing by U.S. vessels in accordance with 
the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
    In accordance with Sec.  679.20(a)(8)(iii)(C), the Regional 
Administrator is opening the first directed fisheries for Atka mackerel 
within the HLA in areas 542 and 543, 48 hours after the closure of the 
Eastern Aleutian District (area 541) and the Bering Sea subarea Atka 
mackerel directed fishery, also published in this issue. The Regional 
Administrator has established the opening date for the second HLA 
directed fisheries as 48 hours after the last closure of the first HLA 
fisheries in either area 542 or 543. Consequently, NMFS is opening and 
closing directed fishing for Atka mackerel in the HLA of areas 542 and 
543 in accordance with the periods listed under Table 1 of this notice.

[[Page 52493]]



                   Table 1. Effective dates and times
------------------------------------------------------------------------
                                               Effective Date\1\
      Action              Area       -----------------------------------
                                            From               To
------------------------------------------------------------------------
Closed Atka        Eastern Aleutian   1200 hrs,         1200 hrs,
 Mackerel with      District (area     September 11,     December 31,
 gears other than   541) and the       2007              2007
 jig gear           Bering Sea
                    subarea
------------------------------------------------------------------------
Opening the first  542                1200 hrs,         1200 hrs,
 directed fishery                      September 13,     September 20,
 in the HLA                            2007              2007
                  ------------------------------------------------------
                   543                1200 hrs,         1200 hrs,
                                       September 13,     September 20,
                                       2007              2007
------------------------------------------------------------------------
Opening the        542                1200 hrs,         1200 hrs,
 second directed                       September 22,     September 29,
 fishery in the                        2007              2007
 HLA
                  ------------------------------------------------------
                   543                1200 hrs,         1200 hrs,
                                       September 22,     September 29,
                                       2007              2007
------------------------------------------------------------------------
\1\Alaska local time

    In accordance with Sec.  679.20(a)(8)(iii)(A) and (B), vessels 
using trawl gear for directed fishing for Atka mackerel have previously 
registered with NMFS to fish in the HLA fisheries in areas 542 and/or 
543. NMFS has randomly assigned each vessel to the directed fishery or 
fisheries for which they have registered. NMFS has notified each vessel 
owner as to which fishery each vessel has been assigned by NMFS (72 FR 
46038, August 16, 2007).
    In accordance with the 2007 and 2008 final harvest specifications 
for groundfish in the BSAI (72 FR 9451, March 2, 2007) and Sec.  
679.20(a)(8)(ii)(C)(1), the HLA limits of the B season allowance of the 
2007 TACs in areas 542 and 543 are 8,214 mt and 2,664 mt, respectively. 
Based on those limits and the proportion of the number of vessels in 
each fishery compared to the total number of vessels participating in 
the HLA directed fishery for area 542 or 543, the harvest limit for 
each HLA directed fishery in areas 542 and 543 are as follows: for the 
first directed fishery in area 542, 4,107 mt; for the first directed 
fishery in area 543, 1,332 mt; for the second directed fishery in area 
542, 4,107 mt; and for the second directed fishery in area 543, 1,332 
mt. In accordance with Sec.  679.20(a)(8)(iii)(E), the Regional 
Administrator has established the closure dates of the Atka mackerel 
directed fisheries in the HLA for areas 542 and 543 based on the amount 
of the harvest limit and the estimated fishing capacity of the vessels 
assigned to the respective fisheries. Consequently, NMFS is prohibiting 
directed fishing for Atka mackerel in the HLA of areas 542 and 543 in 
accordance with the dates and times listed in Table 1 of this notice.
    After the effective dates of these closures, the maximum retainable 
amounts at Sec.  679.20(e) and (f) apply at any time during a trip.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, (AA) finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth at 5 U.S.C. 553(b)(B) as such a requirement is impracticable and 
contrary to the public interest. This requirement is impracticable and 
contrary to the public interest as it would prevent NMFS from 
responding to the most recent fisheries data in a timely fashion and 
would delay the opening and closing of the fisheries for the HLA limits 
established for area 542 and area 543 pursuant to the 2007 Atka 
mackerel TAC. NMFS was unable to publish a notice providing time for 
public comment because the most recent, relevant data only became 
available as of September 10, 2007. The AA also finds good cause to 
waive the 30-day delay in the effective date of this action under 5 
U.S.C. 553(d)(3). This finding is based upon the reasons provided above 
for waiver of prior notice and opportunity for public comment.
    This action is required by Sec.  679.20 and is exempt from review 
under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: September 11, 2007.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 07-4563 Filed 9-11-07; 3:00 pm]
BILLING CODE 3510-22-S